Non-entertainment Renewal Expectation

[semoochie]

This is a continuance of a tangent in "Did You Feel That?", where David Eduardo last said, "There never was a rule in Part 73 about how much news and such had to be broadcast. However, based on the renewal actions we knew certain things. One was that a combination of 8% of all non-entertainment programming was not going to hang up a renewal app every 43 years for an AM, and 6% for an FM.

There were many options for doing the programming, ranging from blocks to capsules. I ran a daily PA capsule at several stations that was simply a man in the street "Question Man" interview on a daily topic of community interest... that got us about 3 hours of weekly credit alone.

It was apparent that some PA had to be done, since that was the purpose of the grueling community leaders ascertainment process. So we tried to have at least several hours of it a week on an FM. But to some extent, it was up to the station to allocate the hours as they saw fit as long as they could justify it in the section of the renewal that asked for descriptions.

Another example of no rule but enforcement precedent was keeping commercial time under 18 minutes. Over 18 in hours in the composite week meant a letter asking for an explanation and perhaps a slower renewal. From experience, we learned how much was too much." There was some kind of change, around the time of multiple co-owned stations per market that created the situation where stations no longer ran news all day long, no matter what the format. This didn't just evolve slowly. It just suddenly happened. I thought it was a rule change and I thought I heard about it ahead of time.

 

[TheBigA]

All of that is interesting in terms of history, but no longer applicable in today's world. The FCC was getting overworked and underfunded by the 1970s, and rules began to fall by the wayside. The need for on-site licensed operators disappeared. That was just an indication of where things were going. The Reagan administration brought with it the start of the idea of for-profit government. Agencies like the FCC were now responsible for attracting revenue, rather than regulating public resources. That was the situation at other similar agencies, like Bureau of Land Management.

But sure, there once was an entire procedure called Community Ascertainment that went on in the 1970s. Radio stations commissioned surveys of public interests, from education to public safety, ranked them in a list from one to ten, and then developed programming that was meant to address those community needs. That entire procedure was thrown out as the FCC recognized it simply didn't have the manpower to oversee such activities from thousands of licensees, and the Congress simply wasn't going to increase their budget to do it. The era of smaller government had begun.

 

[b-turner]

As I recall, as a GM at an AM daytimer in a town of 3,000 and county of just 3,400, I was so happy to see those 6% on FM and 8% on AM minimal requirements go away. My owner has us down for 20% News, 5% Public Affairs and 5% "Other". I struggled to find anything to run to fill those percentages. I think it was in early 1981 all that went by the wayside.

As I recall the 18 minutes an hour of commercial time was more of an unspoken rule everyone tended to follow. I knew a guy in a season tourist town where many businesses were not open all year. He said the FCC had no issue with them exceeding 18 minutes, as he put it, because they knew we'd be starving in a couple of months.

I remember we had to run a promised number of PSAs a week. A station in Missouri did not do PSAs but was able to make a case for it. It was the same small town station that was the first to hit $1 million in billing a year. I think that was either the station in Moberly or Mexico, Missouri

 

[TheBigA]

That 1981 year is correct, when community ascertainment was no longer required. Deregulation had begun. A lot of people target the TCA of 1996, but the foundations were actually set in place 15 years earlier. And radio didn't seem to suffer as a result of deregulation. If anything, it exploded and expanded with Docket 80-90 and hundreds of new radio stations.

 

[b-turner]

Absolutely radio exploded that's to the easing of those regulations. As the FCC wisely termed it, let the marketplace dictate and they did, saying we want music on music stations, not 5 minutes of news every hour to fill some percentage and hours of syndicated programming to air in order to meet your percentages.

I recall at the station where I was, that small town AM daytimer, I went with a 2 minute newscast 6 a day M-F and 5 on Saturday, adding a quick weather forecast twice an hour. I dropped all but a couple of public affairs shows and let the music roll. I got plenty of praise for that since I had to repeat lots of news to meet that 20%. The truth was, the local news was just local PSAs mostly, so I took the Ad Council stuff off and covered local PSAs.

 

[DavidEduardo]

All of that is interesting in terms of history, but no longer applicable in today's world. The FCC was getting overworked and underfunded by the 1970s, and rules began to fall by the wayside. The need for on-site licensed operators disappeared. That was just an indication of where things were going.

I'd say that you have several different subjects here.

The relaxation of the operator requirements came as a result of better and more stable equipment. In the mid-70's all but critical pattern directions were allowed to operate by remote control because the technology behind transmitters, remote control systems and monitors for things such as tower lighting were good enough to allow it.

The rules on license renewal changed as license terms were extended and programming was left to market forces.

But sure, there once was an entire procedure called Community Ascertainment that went on in the 1970s. Radio stations commissioned surveys of public interests, from education to public safety, ranked them in a list from one to ten, and then developed programming that was meant to address those community needs.

The original late-60's into the 80's ascertainment was more than a commissioned survey. It consisted in a sizable number of personal interviews by station management with verifiable community leaders, ranging from mayors and police chiefs to educators and civic organization heads. They had to be done by station management and could not be delegated.

Based on the ascertainment we had to develop a list of existing or proposed programs for the upcoming license period that would deal with the community's needs or problems, although not all of them had to be addressed by each station.

That entire procedure was thrown out as the FCC recognized it simply didn't have the manpower to oversee such activities from thousands of licensees, and the Congress simply wasn't going to increase their budget to do it. The era of smaller government had begun.

This was the same issue that produced longer license terms, a steeper slope for challengers (such as those encouraged in the 70's by the United Church of Christ and other strike application proponents) and a simplified renewal process.

The greatest beneficiaries were the community leaders themselves. As station counts increased in the 70's, some of them got as many as 30 requests for separate interviews from each station in the community, wasting as much as the equivalent of a whole work week if you add the hours. Many refused to do the interviews at all.

In some cases, someone in the broadcast community would organize all the local stations in a group and schedule interviews at a central hotel or meeting location so one visit by the mayor or whomever would be attended by reps from 25 to 30 stations. I ran that effort in San Juan, PR, in 1975 when we found nobody of importance in the community would accept ascertainment interviews. When we proposed one meeting and all the stations they all confirmed. Each station shared in the meeting room cost and for refreshments and someone to record all the meetings.

It was still useless bureaucracy.

 

[DavidEduardo]

I remember we had to run a promised number of PSAs a week. A station in Missouri did not do PSAs but was able to make a case for it. It was the same small town station that was the first to hit $1 million in billing a year. I think that was either the station in Moberly or Mexico, Missouri

In 1975, I took over the management of an AM/FM in what is now a Nielsen TOp 15 market. It was losing about $40 k a month, and the FM could not stay on the air for more than 5 or 6 days out of every week. The 10 kw DA-1 AM was not making more than 5 kw and the DA was at variance.

Once I got there, it got worse. It was license renewal year, and the station's manager had decided that they could run several 30" PSAs in every break and add up the time, since PSAs were, to him, PA and "Other". There was no PA programming, and we had to ask for substitute composite weeks three times before we found 7 days that both stations stayed on the air all day.

Our attorney gave us a 75% possibility of losing the licenses. What worked in our favor is that I had already decided to turn both stations off and spend over $300,000 rebuilding... everything from new studios to a redesigned DA system and new transmitters and equipment.

The license renewal was more than 1000 pages, including opinions of linguists as to why the Spanish translations of Public Affairs and Public Service were mired in confusion and the previous manager had acted in good faith.

All in all, it was a colossal waste of time when we needed to put our efforts into the rebuild. But we were renewed.

 

[TheBigA]

The relaxation of the operator requirements came as a result of better and more stable equipment.

That helped it, along with the rise of computerized transmitter readings. But the whole process of testing and licensing had become expensive and burdensome on the FCC, and they were looking for a way out. More people were applying for the licenses and more stations were coming on line.

They had to be done by station management and could not be delegated.

Hmmm...there were companies who were offering to do these surveys for stations. So obviously some stations were either delegating or outsourcing the process.

The point is that this deregulation process was being promoted by both the FCC and Congress. And it all began more than 15 years before the TCA of 1996. It's all ancient history, and there's virtually no one left in government who remembers what it was like. Lots of stations have been launched and licensed without ever following any of these rules.

 

[DavidEduardo]

That helped it, along with the rise of computerized transmitter readings. But the whole process of testing and licensing had become expensive and burdensome on the FCC, and they were looking for a way out. More people were applying for the licenses and more stations were coming on line.

In the 70's we did not have much in the way of computerized readings. Remember, the Altair came out in 1975 and the S-100 and TRS-80's were late in the decade. What we did have was remote metering including the ability to do phase and current readings on a DA from the remote site, either by lines or data return for microwave STL systems.

And lest we not forget, the country had many quickie-tickie schools where 6 weeks would make you able to get a First Phone. Those REI and other school grads learned just enough to be extremely dangerous when they... and they often did... tried to actually fix a broken transmitter or tune a directional system themselves.

mmm...there were companies who were offering to do these surveys for stations. So obviously some stations were either delegating or outsourcing the process.

A listener survey of some kind could be part of renewals. Those outside survey companies could do that portion, but the community leader survey was required and had to be done by management.

I think much of the deregulation in areas like allowing remote control of directionals and high power stations as well as longer license terms and the end of the leader ascertainment (we still have to do the "problems / programs" list but without outside interviews) came from the NAB because the paperwork kept management from actually running a radio station.

 

[TheBigA]

In the 70's we did not have much in the way of computerized readings.

I know of a station that was doing computerized transmitter readings in 1974. It was in the station, remote from the actual transmitter. Very old technology. Probably off the company mainframe somewhere.

And lest we not forget, the country had many quickie-tickie schools where 6 weeks would make you able to get a First Phone.

I'm sure there were, but you still needed the piece of paper, which needed to be applied for, processed, approved, typed and mailed out from the federal office. That was a huge PITA.

The surveys that I'm talking about were community ascertainments, not listener surveys. It wasn't like the FCC was actually in the building watching the process. As long as responsible management people signed the paper, who knew?

 

[DavidEduardo]

I know of a station that was doing computerized transmitter readings in 1974. It was in the station, remote from the actual transmitter. Very old technology. Probably off the company mainframe somewhere.

I know, and used, systems that used a data stream from the transmitter to make printouts on what was essentially a teletype device at the studios. Still had to be signed, but was "automated" the way the pin-system automation systems of the day were.

I'm sure there were, but you still needed the piece of paper, which needed to be applied for, processed, approved, typed and mailed out from the federal office. That was a huge PITA.

The issue with First Class licenses was the testing. Someone had to monitor, as well as score them and do the other paperwork. I forget how much time we were given for each element of the test, but it could take up the better part of a morning. I thought it was fun, as I got mine right at the old M Street FCC offices.

The surveys that I'm talking about were community ascertainments, not listener surveys. It wasn't like the FCC was actually in the building watching the process. As long as responsible management people signed the paper, who knew?

Statute of limitations aside, there definitely was a requirement that the interviews be done by management, which meant the general manager and department heads. Some groups sent in a corporate officer to help as it was so time consuming. And the ascertainment interview, save some special circumstance, had to be done in person.

 

[DavidEduardo]

I'm sure there were, but you still needed the piece of paper, which needed to be applied for, processed, approved, typed and mailed out from the federal office. That was a huge PITA.

I think the FCC realized that they could not really qualify station engineers what with the profusion of rapid training courses.

Here is an example from the late 50's.

 

[semoochie]

I know, and used, systems that used a data stream from the transmitter to make printouts on what was essentially a teletype device at the studios. Still had to be signed, but was "automated" the way the pin-system automation systems of the day were.



The issue with First Class licenses was the testing. Someone had to monitor, as well as score them and do the other paperwork. I forget how much time we were given for each element of the test, but it could take up the better part of a morning. I thought it was fun, as I got mine right at the old M Street FCC offices.



Statute of limitations aside, there definitely was a requirement that the interviews be done by management, which meant the general manager and department heads. Some groups sent in a corporate officer to help as it was so time consuming. And the ascertainment interview, save some special circumstance, had to be done in person.

I went to one of those "riki tiki tavi" places myself but I didn't intend to be an engineer. It enabled you to work alone at a directional AM or high power FM station. The way it worked was for them to supply you with all the possible questions and correct answers given on the FCC tests. I remember there being 571 questions for the second phone and 351 for the first. When I went in to take the tests, there was no question in my mind that I got 100% on both. Incidentally, this is the first time I can remember starting a thread that quickly picked up steam, without anyone actually responding to what I said!

 

[Kelly A]

Statute of limitations aside, there definitely was a requirement that the interviews be done by management, which meant the general manager and department heads. Some groups sent in a corporate officer to help as it was so time consuming. And the ascertainment interview, save some special circumstance, had to be done in person.

We used to draw straws (literally), as to who would go to the monthly ascertainment meeting, then prepare the report. I sure don't miss those days, having to sit for over an hour listening to some tinfoil-hat-wearing-loon talking about how school classrooms should have skylights because everyone knows; cosmic rays improve learning.. The only good part about going was being able to commiserate with fellow local GM's and staffers, temporarily putting competition aside.

 

[Grounded Grid]

Back in the '70s, I recall the dreaded "18-minute rule". The only exception I was aware of, official or not, was the station owner's understanding that you could go up to 20 minutes over the Christmas and political seasons. If you ever ran an air shift on a sold-out station at Christmas time, I'm sure you recall how challenging it was to cram 18-20 minutes of commercials into the same hour as news, sports, a psa or two, your "entertaining banter" and, maybe, 3 or 4 songs. I can't imagine anyone considered it very good radio except, perhaps, the sales staff.

Back then, I didn't have reason to look for the rule in the FCC book. Googling it however, I found a reference in the March 18, 1967 edition of Billboard Magazine, where it noted that the FCC had "more or less adopted the NAB's code standards as "a touchstone" policy"... meaning 18 minutes on radio and 16 on TV. It doesn't appear they had an actual rule, but if you went over 18, they definitely wanted to know why.

 

[TheBigA]

Funny that people today think there were fewer commercials in the old days. I have airchecks and logs that prove otherwise. But memories can play tricks.

 

[b-turner]

What I recall from the days before 1981 was at a small town daytime only AM I had no business being the General Manager of. I recall there was a line requesting the proposed commercial content percentage. While I did not know of a FCC Rule limiting things to 18 minutes an hour, you did have to fill in a blank as a percentage.

Earlier I mentioned a guy I had talked to that worked a Colorado mountain town station. He said at the peak of the season they might have 30 minutes an hour of commercial time being the only station around. I think this would have been mid to late 1970s. As I recall 80 to 85% of the revenue the station made each year came over a matter of weeks. He said most of the shops were closed in the off-season. He said the FCC attitude was to make all you can while you could. Maybe they averaged that percentage over a 52 week period. That figure might seem real low but with inflation it is much more in today's dollars, guessing $200,000-$250,000 a year if in 2016.

In one Arizona town, the only station bills it's entire annual billing over about 4 winter months and was (until at least a few years ago) commercial free about 8 months a year. About 12 to 14 units an hour in season, then an 8 month 24/7 commercial free music sweep only interrupted by the infrequent local PSA somebody dropped by.

My absolute worst commercial load was the day of a local hotly contested local election with many positions to fill by popular vote. The log, then typed on legal size pages had a second sheet for each hour. Mentally I was a wreck following that shift. Our rule was no more than 3 spots in a row, then play a song or do something to separate the next set of spots. No competitors and for the politicians, no two trying for the same position in the stop set. At 8 am I came out of Texas State Network News with Take It Easy by The Eagles as I continued to pull carts and mark repeats, moving repeats to the top of the list. After that song, while still pulling carts, I realized I had way too many commercials. So, at 8:03 until 8:53:30, I simply repeated this formula:
3 spots / quick weather forecast / 3 spots / Time and temperature / 3 spots / Read local 10-15 second PSA or station promo / 3 spots / time and temperature, then repeat.
At 8:55 I joined TSN News and prepared for the next hour, just as full of spots, some repeating 8 times in an hour.
My GM called, not knowing what the log looked like and came down to see for himself. He was upset and promised that would never happen again. It didn't. He started checking commercial loads by then.

Quite frankly, at that station, with radio stations in Mexico selling 5 to 15 cent spots, we got $1 somehow even though our US Border town preferred go after the Spanish speaking consumer and one could buy stations across the river with many more listeners for about 60 cents a pop. Our typical hour after getting permission to go 5 spots per break, allowed us to play 8 songs an hour with TSN News at :55. We averaged about 24-26 minutes an hour. By about 7 in the evening the commercial load was down to about 24 units an hour (12 to 14 minutes) and about 8 an hour by 9 pm. You'd think nobody would listen, but compared to the stations across the border 5 to 7 spots per song was pretty average with the most popular station only wedging in a song about every 10 minutes while the least popular averaging about a dozen songs an hour. I was so perplexed as a young PD and jock, I dropped the music library to 42 currents (14 - 15 were the hottest and got about 4 plays an hour) and a recurrent each hour and encouraged requests and dedications in hopes of playing enough of the songs they wanted to hear most to 'keep them'. I even did 'jock for a song' where we'd let a person intro the song they requested with the one getting the most votes from listeners getting to DJ an hour on the station Saturday night. That was sort of cool.

 

[DavidEduardo]

Earlier I mentioned a guy I had talked to that worked a Colorado mountain town station. He said at the peak of the season they might have 30 minutes an hour of commercial time being the only station around. I think this would have been mid to late 1970s. As I recall 80 to 85% of the revenue the station made each year came over a matter of weeks. He said most of the shops were closed in the off-season. He said the FCC attitude was to make all you can while you could. Maybe they averaged that percentage over a 52 week period. That figure might seem real low but with inflation it is much more in today's dollars, guessing $200,000-$250,000 a year if in 2016.

It was not as much the FCC attitude as the fact that for analysis they randomly selected 7 days as the license period "composite week". One Sunday, one Monday and so on from different years and months.

If you had a lot of spots in a "season" they would average out over a composite week that included various random times during the three-year license period.

If the composite week had a number of over-18 minute average days, the FCC might ask about it. Or a prudent licensee might actually make an exhibit saying "there is little advertising in the city of license and coverage area during most of the year. The economy is based on tourism, most of which takes place during the months of June, July and August. In order to serve the community the other 9 months, we must carry a greater volume of ads during the tourist season". I saw that explanation on the renewal application of a station in Traverse City, MI. They lived off the fudgies for the most part and ran 20' to 22' commercial loads in the summer.